Daughter optimistic over possible stay

Sherrie Stone said that despite Monday's no action by the U.S. Supreme Court, she's not giving up hope that the execution of her father, Tommy D. Arthur, will be postponed.

The Supreme Court was scheduled to discuss pending petitions regarding the Arthur case Friday and then announce Monday whether it would hear the case or not. The case, however, was not on the Supreme Court's list of decisions that was posted Monday.

Arthur's attorney has two pending petitions before the Supreme Court. One is in regard to the legality of lethal injection, the other is a request to stay Arthur's execution.

The 65-year-old Arthur is scheduled to die Thursday at Holman Prison in Atmore. He was convicted of killing Troy Wicker, of Muscle Shoals, in a murder-for-hire scheme.

"We had hoped to hear something (Monday), but at least (the Supreme Court) didn't deny the request," Stone said Monday as she prepared to leave for Alabama to be with her father before the scheduled execution.

Stone, who lives in Tampa, Fla., said she wasn't expecting the Supreme Court to rule on the request for a stay of execution.

"Historically, (the Supreme Court) hasn't taken up those requests and issued a ruling until the day of the execution," she said. "So, we'll be on pins and needles until then."

Arthur's attorney, Suhana Han, of New York, alleges that the pain inflicted by the execution procedure of lethal injection is cruel and unusual punishment.

Arthur has twice come within hours of being executed. The most recent reprieve came Sept. 27 when Gov. Bob Riley postponed the execution so the state could review it's execution procedure.

Stone said the appeal challenges Alabama's method of execution by lethal injection because the U.S. Supreme Court has said it would review a Kentucky challenge to the procedure.

Clay Crenshaw, head of the Alabama attorney general's capital litigation section, expects the Supreme Court to deal with Arthur's request for a stay, which was filed with Justice Clarence Thomas, the justice assigned the appellate district that includes Alabama.

Crenshaw said the Supreme Court can and has ruled on requests for stays up until the scheduled day of execution. He said the court won't ignore Arthur's request for a stay.

Stone said she is remaining optimistic about the possibility of once again postponing her father's execution.

"I don't think they'll schedule any executions until they review that challenge (in the Kentucky case)," Stone said.

She said that a Florida execution scheduled for Nov. 15 was stayed until the Kentucky case could be reviewed.

"That stay was issued by the Supreme Court the day for the execution. So, we're not giving up hope," Stone said.

Tom Smith can be reached at 740-5757 or tom.smith@timesdaily.com.

Dana Beyerle can be reached at (334) 264-6605 or dtb123@aol.com.